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Case 2:17-cv-04471-DRH-AKT Document 4 Filed 07/31/17 Page 1 of 2 PageID #: 24

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for the
Eastern District
__________ of of
District New York
__________

MARC JEAN )
)
)
)
Plaintiff(s) )
)
v. Civil Action No. 17-cv-04471 (DRH)(AKT)
)
GARDEN CITY JEEP CHRYSLER DODGE and )
MICHAEL VOLONAKIS (in his professional and )
individual capacities), )
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendants name and address) Garden City Jeep Chrysler Dodge, 283 Franklin Ave., Hempstead, N.Y. 11550
Michael Volonakis, Garden City Jeep Chrysler Dodge, 283 Franklin Ave., Hempstead,
N.Y. 11550

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are:
LAW OFFICES OF
FREDERICK K. BREWINGTON
556 Peninsula Boulevard
Hempstead, New York 11550

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

%06(-"4$1"-.&3
CLERK OF COURT

Date: 07/31/2017 'RUHHQ)ODQDJDQ


Signature of Clerk or Deputy Clerk
Case 2:17-cv-04471-DRH-AKT Document 4 Filed 07/31/17 Page 2 of 2 PageID #: 25

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 17-cv-04471 (DRH)(AKT)

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)


was received by me on (date) .

u I personally served the summons on the individual at (place)


on (date) ; or

u I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individuals last known address; or

u I served the summons on (name of individual) , who is


designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

u I returned the summons unexecuted because ; or

u Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ 0.00 .

I declare under penalty of perjury that this information is true.

Date:
Servers signature

Printed name and title

Servers address

Additional information regarding attempted service, etc:

Print Save As... Reset


Case 2:17-cv-04471-DRH-AKT Document 1 Filed 07/28/17 Page 1 of 16 PageID #: 1

UNITED STATES DISTRICT COURT


EASTERN DISTRICT OF NEW YORK
--------------------------------------------------------------X
MARC JEAN, DOCKET NO.: CV-17-4471

Plaintiff,

-against-

GARDEN CITY JEEP CHRYSLER DODGE and COMPLAINT


MICHAEL VOLONAKIS (in his professional
and individual capacities),

Defendants. Jury trial demanded


-------------------------------------------------------------X

Plaintiff MARC JEAN (hereinafter, JEAN or Plaintiff), by and through his attorneys,

the LAW OFFICES OF FREDERICK K. BREWINGTON, as and for his Complaint against the

Defendants, states and alleges as follows:

PRELIMINARY STATEMENT

1. This is civil action seeking monetary relief (including past and ongoing economic

loss), compensatory, special damages and punitive damages, disbursements, costs and fees for

violations of the Plaintiffs rights, brought pursuant to 42 U.S.C. 1981 (Section 1981), as amended;

Article 15 of the Executive Law of the State of New York 296 (New York Human Rights Law);

Nassau County Local Law Title C-2 21-9.8(1) (Nassau County Human Rights Law); Assault; and

Intentional & Negligent Infliction of Emotional Distress at this time.

2. Specifically, the Plaintiff alleges that, together, Defendants GARDEN CITY JEEP

CHRYSLER DODGE (hereinafter, GARDEN CITY JEEP) and MICHAEL VOLONAKIS

(hereinafter, VOLONAKIS) directly acted and/or allowed its agent, employee, representative

and/or officers to act maliciously, in violation of both Plaintiffs rights and existing law, which
Case 2:17-cv-04471-DRH-AKT Document 1 Filed 07/28/17 Page 2 of 16 PageID #: 2

caused Plaintiff to suffer the following injuries:

Violations of his various statutory rights, including those protected by Section 1981, Nassau County

Human Rights Law, Article 15 of the Executive Law of the State of New York (Human Rights Law)

290 and 296; Workplace violence; Psychic injury including anxiety; Physiological injury resulting

from above mentioned psychic injury, including chest pains; Loss of income; Fear; Constructive

discharge; Complete, temporary, or partial loss of reputation;

3. The aforementioned acts were done expressly or implicitly with the consent,

knowledge, and condonation of Defendant GARDEN CITY JEEP, to the detriment of Plaintiff

JEAN, as further described below.

JURISDICTION AND VENUE

4. The jurisdiction of this Court is invoked under 28 U.S.C. 1331 and 1343.

5. This Court is requested to exercise supplemental jurisdiction with respect to Plaintiff's

State law claims pursuant to 28 U.S.C. 1367.

6. Venue herein is proper under 28 U.S.C. 1391 (b); the cause of action arose in the

Eastern District of New York, and all of the Parties are employed and/or are located in Nassau

County, New York State.

7. On January 19, 2017, Plaintiff filed his original Charge of Discrimination, Charge No.

10186774, with the New York State Division of Human Rights (hereinafter, NYSDHR), alleging

unlawful discrimination on the basis of Plaintiffs race/color. Therein, Plaintiff requested that the

charge be cross-filed with the United States Equal Employment Opportunity Commission

(hereinafter, EEOC).

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8. On July 24, 2017, the NYSDHR made a determination finding Probable Cause as

against the Defendants.

9. Plaintiff is seeking a Right to Sue Letter. It is anticipated same will be issued by the

United States Department of Justice in the future, at which time Plaintiff will amend this complaint

to add a violation of Title VII as a cause of action.

10. Plaintiff has not engaged in any hearings before the EEOC or the New York State

Division of Human Rights and has not waived any rights to commence actions under the laws of the

State of New York or under Federal Law.

PARTIES

11. Plaintiff JEAN was, at all times relevant to this Complaint, an employee of Defendant

GARDEN CITY JEEP, and a resident of Nassau County, State of New York.

12. During all times relevant to this complaint, Defendant GARDEN CITY JEEP was,

and is, a private corporation, organized and operating under, and by virtue of, the laws of the State

of New York. Defendant GARDEN CITY JEEP maintains a business office at 283 North Franklin

Street, Hempstead, NY 11550, which is in Nassau County. Defendant GARDEN CITY JEEP

employees more than 15 people.

13. During all times relevant to this complaint, Defendant VOLONAKIS was employed

by Defendant GARDEN CITY JEEP as a general sales manager. Defendant VOLONAKIS acted

on behalf of GARDEN CITY JEEP and was a supervisor, policy maker and exercised direct

supervisory authority over Plaintiff.

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FACTUAL ALLEGATIONS

14. Plaintiff worked as a Sales Associate at GARDEN CITY JEEP CHRYSLER DODGE

for one year prior to his forced separation from his job. At all times during his employment Plaintiff

performed his duties with excellence and in an exemplary fashion. In fact, Plaintiff loved his job

and the people he got to serve as a salesman.

15. On or about July 29, 2016, Plaintiff MARC JEAN arrived at the car dealership of

Defendant GARDEN CITY JEEP CHRYSLER DODGE, where he was employed as a salesman,

at around 8:20 AM, for a shift starting at 8:30 AM.

16. Plaintiff JEAN worked until 11:30 AM, when it was time for the staff meeting held

every morning at Defendant GARDEN CITY JEEPs dealership.

17. This meeting included salesmen Anthony Dash and Matt (last name unknown),

manager Ken Skeen, and general sales manager and Defendant VOLONAKIS.

18. During this meeting, monthly sales and client interactions were discussed, among

other things. According to the sales report, Plaintiff JEAN had been performing well.

19. Mr. Skeen removed two guns from a bag he had in the meeting with him. Mr. Skeen

told the rest of the group that he was going to the shooting range later in the day. Mr. Skeen

informed the group that he owned the guns legally.

20. Plaintiff JEAN was shocked when Mr. Skeen removed the guns from his bag.

Plaintiff JEAN did not know anything about guns, and was not used to being around them.

21. Defendant VOLONAKIS, the general sales manager who supervises Mr. Skeen as

well as Plaintiff JEAN, entered the meeting while Mr. Skeen had one of the guns in his hand.

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22. Defendant VOLONAKIS took the gun out of Mr. Skeens hands and pointed it at

Plaintiff JEANs head and asked Plaintiff JEAN if the gun look[ed] familiar.

23. While continuing to hold the gun in Plaintiff JEANs face, Defendant VOLONAKIS

told the other employees in the meeting that [Plaintiff JEAN] knows I dont like him, thats why

I am not doing this to Matt. Upon information and belief, Matt (last name unknown) is a white

man.

24. During the assault, Plaintiff JEAN was made to fear for his life, as he did not know

whether or not the gun was loaded. Defendant VOLONAKIS took possession of a gun in the

workplace and pointed in Mr. Jeans face while making race based comments.

25. Upon information and belief, Defendant VOLONAKIS asked Plaintiff JEAN if the

gun look[ed] familiar out of racial enmity Defendant VOLONAKIS holds towards black people.

26. By brandishing the gun, upon information and belief, Defendant VOLONAKIS

intended to violate, intimidate, threaten, harass, assault, and injure Plaintiff JEAN.

27. With Defendant VOLONAKIS continuing to hold him at gunpoint, Plaintiff was

shaken and disturbed as he deliberated his next move. Mr. Skeen finally disarmed Defendant

VOLONAKIS. Afterwards, Mr. Skeen told Plaintiff JEAN that Mike was wrong!

28. Plaintiff then exited the building and called his mother from his car. His mother

advised him to call the police, since no one at Defendant GARDEN CITY JEEP did so, although

they were notified about the assault perpetrated by Defendant VOLONAKIS, Defendant GARDEN

CITY JEEPs general sales manager.

29. The Hempstead Police arrived at Defendant GARDEN CITY JEEPs dealership, and

took a statement from Plaintiff JEAN.

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30. Upon information and belief, Defendant VOLONAKIS and Mr. Skeen were arrested.

31. As Plaintiff JEAN waited in a police car for the police to finish their investigation,

Defendant GARDEN CITY JEEPs owner, Michael Villani, approached the car and told Plaintiff

JEAN that both Defendant VOLONAKIS and Mr. Skeen had been fired.

32. After the assault, Plaintiff JEAN began feeling increasingly anxious and fearful. He

also began to suffer from chest pains. Plaintiff subsequently sought treatment at Mercy Medical

Center.

33. The July 29, 2016 incident was the most egregious in a list of racially hostile acts

perpetrated by Defendant VOLONAKIS against Plaintiff JEAN, due to his race and/or color. These

acts took place in Defendant GARDEN CITY JEEPs dealership, during regular work hours.

34. One such act involved racist jokes Defendant VOLONAKIS made in Plaintiff JEANs

presence.

35. A second incident occurred one month prior to the July 29, 2016 incident. In

response to hearing a famous black hip-hop artist on the radio, Defendant VOLONAKIS told

Plaintiff JEAN that he hate[s] that nigger.

36. Yet another incident involved Defendant VOLONAKIS asking Plaintiff JEAN to sign

a Code of Conduct form. After Plaintiff JEAN told Defendant VOLONAKIS that he wanted to

review the document before signing it, Defendant VOLONAKIS said, youre black, youve got to

do what we say.

37. Another time, Defendant VOLONAKIS was reprimanding another African American

employee when he made eye contact with Plaintiff JEAN. When Defendant VOLONAKIS saw

Plaintiff JEAN look at him, he glared back at Plaintiff JEAN, stating thats the first time I had to

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yell at a black man today, implying that it may not be the last.

38. These instances each materially altered Plaintiff JEANs employment, creating, on

aggregate, a hostile work environment and created working conditions so intolerable that a

reasonable person would have felt compelled to resign, which led to Plaintiff JEANs resignation,

which constitutes a constructive discharge.

39. Defendant VOLONAKIS was charged with criminal possession of a firearm in

connection to the July 29, 2016 assault, and is being prosecuted by the District Attorney of Nassau

County.

40. Defendants cannot deny the actions of either Ken Skeen or Mike Volonakis on the

day of the incident or shortly thereafter. Ken Skeen had a telephone conversation with Mr. Jean's

mother shortly after Mr. Jean was threatened with the gun in his face. In that conversation, Mr.

Skeen admitted that Mr. Volonakis did point the gun in Mr. Jean's face.

AS AND FOR COUNT I


42 U.S.C. 1981

41. The Plaintiff repeats, reiterates, and re-alleges each allegation contained in paragraphs

1 through 40 of this Complaint with the same force and effect as though fully set forth herein.

Defendant GARDEN CITY JEEP, through its agent/employee, Defendant VOLONAKIS,

discriminated against the Plaintiff in his employment based on Plaintiff's race/color, and was

discharged constructively, in violation of, inter alia, Section 1981.

42. As a direct result of aforementioned acts, Plaintiff has been deprived of his right to

contract, deprived of his freedoms, mentally harmed, and physically injured. Plaintiff JEAN has

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been forced to seek redress in the courts rather than capitulating to the previously mentioned abuse,

ridicule, and discrimination.

43. Defendant VOLONAKIS subjected Plaintiff JEAN to assault, harassment,

humiliation, a hostile work environment, and embarrassment due to his status as an African

American/black man. Defendant VOLONAKIS took possession of a gun in the workplace and

pointed in Mr. Jeans face while making race based comments. As a result, Plaintiff has experienced

a diminution in his quality of life and other injuries and fear.

44. Specifically, Defendant VOLONAKIS, with the approval, implicit or otherwise, of

Defendant GARDEN CITY JEEP, subjected Plaintiff JEAN to racial enmity, which constitutes a

hostile work environment when considered in the aggregate, in violation of Section 1981. This

hostile work environment induced Plaintiffs resignation, which constitutes a constructive discharge,

also in violation of Section 1981.

45. Defendant VOLONAKIS, who had immediate authority over Plaintiff JEAN, was

permitted by consent, explicit or otherwise, of Defendant GARDEN CITY JEEP to create a hostile

work environment by harassing, threatening, intentionally inflicting emotional distress, and

otherwise subjecting Plaintiff JEAN to discriminatory treatment. This hostile work environment

forced Plaintiff JEAN to resign, which constitutes a constructive discharge.

46. Plaintiff has incurred incidental fees/damages, loss of pay, loss of benefits, and other

damages/ injuries due to Defendant GARDEN CITY JEEPs unlawful discrimination.

47. As a direct result of said acts, Plaintiff has suffered, and continues to suffer,

psychological trauma, physiological detriment, loss of status, loss of opportunities, loss of title,

distress, humiliation, embarrassment, and damage to his reputation as alleged in the preceding

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paragraphs of the within Complaint.

48. That by reason of the foregoing, Plaintiff JEAN has been subjected to irreparable

psychic injury, physiological injury, assault, intentional infliction of emotional distress, pain,

suffering, loss of self-esteem, self-doubt, disgrace, public humiliation, embarrassment,

inconvenience, anxiety and frustration, and, thus, has been damaged in excess of three million

($3,000,000.00) dollars, as well as punitive damages, costs, and attorney's fees.

AS AND FOR COUNT II


ARTICLE 15 OF THE EXECUTIVE LAW OF THE STATE OF NEW YORK 296
(NEW YORK HUMAN RIGHTS LAW)

49. The Plaintiff repeats, reiterates, and re-alleges each allegation contained in paragraphs

1 through 48 of this Complaint with the same force and effect as though fully set forth herein.

Defendant GARDEN CITY JEEP, through its agent/employee, Defendant VOLONAKIS,

discriminated against the Plaintiff in his employment based on Plaintiff's race/color, and was

discharged constructively, in violation of, inter alia, the New York Human Rights Law.

50. As a direct result of aforementioned acts, Plaintiff has been deprived of his rights,

deprived of his freedoms, mentally harmed, and physically injured. Plaintiff JEAN has been forced

to seek redress in the courts rather than capitulating to the previously mentioned abuse, ridicule, and

discrimination.

51. Defendant VOLONAKIS subjected Plaintiff JEAN to assault, harassment,

humiliation, a hostile work environment, and embarrassment due to his status as an African

American/black man. As a result, Plaintiff has experienced a diminution in his quality of life.

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52. Specifically, Defendant VOLONAKIS, with the approval, implicit or otherwise, of

Defendant GARDEN CITY JEEP, subjected Plaintiff JEAN to racial enmity, which constitutes a

hostile work environment when considered in the aggregate, in violation of the New York Human

Rights Law. This hostile work environment induced Plaintiffs resignation, which constitutes a

constructive discharge, also in violation of the New York Human Rights Law.

53. Defendant VOLONAKIS, who had immediate authority over Plaintiff JEAN, was

permitted by consent, explicit or otherwise, of Defendant GARDEN CITY JEEP to create a hostile

work environment by harassing, threatening, intentionally inflicting emotional distress, and

otherwise subjecting Plaintiff JEAN to discriminatory treatment. This hostile work environment

forced Plaintiff JEAN to resign, which constitutes a constructive discharge.

54. Plaintiff has incurred incidental fees/damages, loss of pay, loss of benefits, and other

damages/ injuries due to Defendant GARDEN CITY JEEPs unlawful discrimination.

55. As a direct result of said acts, Plaintiff has suffered, and continues to suffer,

psychological trauma, physiological detriment, loss of status, loss of opportunities, loss of title,

distress, humiliation, embarrassment, and damage to his reputation as alleged in the preceding

paragraphs of the within Complaint.

56. That by reason of the foregoing, Plaintiff JEAN has been subjected to irreparable

psychic injury, physiological injury, assault, intentional infliction of emotional distress, pain,

suffering, loss of self-esteem, self-doubt, disgrace, public humiliation, embarrassment,

inconvenience, anxiety and frustration, and, thus, has been damaged in excess of three million

($3,000,000.00) dollars, as well as punitive damages, costs, and attorney's fees.

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AS AND FOR COUNT III


TITLE C-2 21-9.8(1) OF THE NASSAU COUNTY LOCAL LAWS
(NASSAU COUNTY HUMAN RIGHTS LAW)

57. The Plaintiff repeats, reiterates, and re-alleges each allegation contained in paragraphs

1 through 56 of this Complaint with the same force and effect as though fully set forth herein.

Defendant GARDEN CITY JEEP, through its agent/employee, Defendant VOLONAKIS,

discriminated against the Plaintiff in his employment based on Plaintiff's race/color, and was

discharged constructively, in violation of, inter alia, the Nassau County Human Rights Law.

58. As a direct result of aforementioned acts, Plaintiff has been deprived of his rights,

deprived of his freedoms, mentally harmed, and physically injured. Plaintiff JEAN has been forced

to seek redress in the courts rather than capitulating to the previously mentioned abuse, ridicule, and

discrimination.

59. Defendant VOLONAKIS subjected Plaintiff JEAN to assault, harassment,

humiliation, a hostile work environment, and embarrassment due to his status as an African

American/black man. As a result, Plaintiff has experienced a diminution in his quality of life.

60. Specifically, Defendant VOLONAKIS, with the approval, implicit or otherwise, of

Defendant GARDEN CITY JEEP, subjected Plaintiff JEAN to racial enmity, which constitutes a

hostile work environment when considered in the aggregate, in violation of the New York Human

Rights Law. This hostile work environment induced Plaintiffs resignation, which constitutes a

constructive discharge, also in violation of the Nassau County Human Rights Law.

61. Defendant VOLONAKIS, who had immediate authority over Plaintiff JEAN, was

permitted by consent, explicit or otherwise, of Defendant GARDEN CITY JEEP to create a hostile

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work environment by harassing, threatening, intentionally inflicting emotional distress, and

otherwise subjecting Plaintiff JEAN to discriminatory treatment. This hostile work environment

forced Plaintiff JEAN to resign, which constitutes a constructive discharge.

62. Plaintiff has incurred incidental fees/damages, loss of pay, loss of benefits, and other

damages/ injuries due to Defendant GARDEN CITY JEEPs unlawful discrimination.

63. As a direct result of said acts, Plaintiff has suffered, and continues to suffer,

psychological trauma, physiological detriment, loss of status, loss of opportunities, loss of title,

distress, humiliation, embarrassment, and damage to his reputation as alleged in the preceding

paragraphs of the within Complaint.

64. That by reason of the foregoing, Plaintiff JEAN has been subjected to irreparable

psychic injury, physiological injury, assault, intentional infliction of emotional distress, pain,

suffering, loss of self-esteem, self-doubt, disgrace, public humiliation, embarrassment,

inconvenience, anxiety and frustration, and, thus, has been damaged in excess of three million

($3,000,000.00) dollars, as well as punitive damages, costs, and attorney's fees.

AND AS FOR COUNT IV


ASSAULT AND BATTERY

65. Plaintiffs repeat and reiterate and re-allege each and every allegation contained in

paragraphs 1 through 64 of this Complaint, with the same force and effect as though fully set forth

herein.

66. Defendant VOLONAKIS, acting as a decision maker for GARDEN CITY JEEP and

employer of Plaintiff lacked any legal or lawful basis, probable cause, or justification to place a

firearm in the face of Plaintiff or point a firearm at Plaintiff in any fashion.

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67. Defendant VOLONAKIS, lacked any legal or lawful basis, probable cause, or

justification to threaten, simulate touching, menace or otherwise place Plaintiff in fear of being shot,

harmed or touched.

68. Defendant VOLONAKIS wrongfully, unlawfully and without privilege, consent,

emergency, necessity, license or justification, forced Plaintiff to endure horror, fear, anxiety, anguish

and belief that he was going to die and be subjected to pain and physical harm, and injury. Plaintiff,

at no time consented to such abuse, threat, menacing, simulated touching or abuse of his person or

property by Defendant VOLONAKIS. Said actions by Defendant VOLONAKIS were intentional and

aimed at injuring and causing Plaintiff to suffer harm, discomfort, pain and humiliation and other

injuries.

69. Plaintiff was placed into shocked and fear, held against his will, threatened, and

intimidated, and was caused to suffer the intense dread of bodily harm, to the extent that an objective

person in Plaintiffs position would be left in fear of such bodily harm. Plaintiff committed no

violations or crimes and was not charged with any violations or crimes.

70. Defendant VOLONAKIS did intentionally, threaten, simulate touching, menace , and

intimidate Plaintiff, while placing him in fear of imminent danger and or bodily harm prior to and

during said pointing of a firearm at Plaintiff.

71.. Defendant VOLONAKIS did intentionally physically placed Plaintiff in fear of

imminent physical danger.

72. As a result of said assault, Plaintiffs suffered, physical harm, great emotional and

psychological harm, anxiety, fear, terror, humiliation and degradation all as a direct result of

Defendant VOLONAKIS , wrongful, unjustified and illegal conduct.

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73. That by reason of the foregoing, Plaintiff JEAN has been subjected to irreparable

psychic injury, physiological injury, assault, intentional infliction of emotional distress, pain,

suffering, loss of self-esteem, self-doubt, disgrace, public humiliation, embarrassment,

inconvenience, anxiety and frustration, and, thus, has been damaged in excess of three million

($3,000,000.00) dollars, as well as punitive damages and costs.

AND AS FOR COUNT V


INTENTIONAL & NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

74. Plaintiff repeats and reiterates and re-alleges each and every allegation contained in

paragraphs 1 through 73 of this Complaint, with the same force and effect as though fully set forth

herein.

75. Defendant VOLONAKIS as a decision maker and supervisor at GARDEN CITY

JEEP , through his conduct, acts and omissions as set forth in the above pleaded allegations, acted

outrageously and beyond the bounds of decency, for his above-stated role in taking the gun out of

Mr. Skeens hands and pointed it at Plaintiff JEANs head and asked Plaintiff JEAN if the gun

look[ed] familiar.; and while continuing to hold the gun in Plaintiff JEANs face, Defendant

VOLONAKIS told the other employees in the meeting that [Plaintiff JEAN] knows I dont like him,

thats why I am not doing this to Matt. .

76. Defendant VOLONAKIS as a decision maker and supervisor at GARDEN CITY

JEEP, committed the above stated reprehensible, extreme and outrageous actions against Plaintiffs,

with full knowledge that his conduct could cause severe and extreme emotional harm to Plaintiff.

77. Said extreme emotional harm, with psychological and physical symptoms manifesting

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therefrom, did in fact occur in this case, in that the Plaintiff was debilitated, terrified, humiliated, and

caused to suffer fear for his life.

78. Said extreme emotional harm, with psychological and physical symptoms manifesting

therefrom, did in fact occur in this case, in that the Plaintiff personally suffered and continue to

suffer from emotional exhaustion, physical manifestation of symptoms of anxiety, depression,

headaches, sleep disturbances, and grief.

79. That by reason of the foregoing, Plaintiff JEAN has been subjected to irreparable

psychic injury, physiological injury, assault, intentional infliction of emotional distress, pain,

suffering, loss of self-esteem, self-doubt, disgrace, public humiliation, embarrassment,

inconvenience, anxiety and frustration, and, thus, has been damaged in excess of three million

($3,000,000.00) dollars, as well as punitive damages and costs.

PRAYER FOR RELIEF

Plaintiff requests judgment as follows:

a. First Cause of Action: in excess of three million ($3,000,000.00) dollars as well as


punitive damages, costs, and attorney's fees;

b. Second Cause of Action: in excess of three million ($3,000,000.00) dollars as well


as punitive damages, costs, and attorney's fees;

c. Third Cause of Action: in excess of three million ($3,000,000.00) dollars as well as


punitive damages, costs, and attorneys fees;

d. Fourth Cause of Action: in excess of three million ($3,000,000.00) dollars as well as


punitive damages, costs, and attorney's fees;

e. Fifth Cause of Action: in excess of three million ($3,000,000.00) dollars as well as


punitive damages, costs, and attorneys fees;

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f. Attorney's fees and costs, pursuant to 42 U.S.C. 1988 and 42 U.S.C. 2000e-5(k);

g. A declaratory judgment stating that Defendants willfully violated Plaintiff's rights


secured by federal and state laws as alleged herein;

h. Injunctive relief: an injunction requiring Defendants to correct all present and past
violations of federal and state law as alleged herein; to enjoin the Defendants from
continuing to act in violation of federal and state law as alleged herein; and to order
such other injunctive relief as may be appropriate to prevent any future violations of
said federal and state laws; and

i. An Order granting such other legal and equitable relief as the Court deems just and
proper.

PLAINTIFF DEMANDS A TRIAL BY JURY

Dated: Hempstead, New York


July 28, 2017

LAW OFFICES OF
FREDERICK K. BREWINGTON

By: /S/
FREDERICK K. BREWINGTON
Attorneys for Plaintiff
556 Peninsula Boulevard
Hempstead, New York 11550
(516) 489-6959

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JS 44 (Rev. 07/16) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS


MARC JEAN GARDEN CITY JEEP CHRYSLER DODGE and MICHAEL
VOLONAKIS

(b) County of Residence of First Listed Plaintiff NASSAU County of Residence of First Listed Defendant NASSAU
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Law Offices of Frederick K. Brewington
556 Peninsula Boulevard
Hempstead, New York 11559; 516-489-6959

II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6 6


Foreign Country
IV. NATURE OF SUIT (Place an X in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a))
140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers Product Liability 830 Patent 450 Commerce
152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark 460 Deportation
Student Loans 340 Marine Injury Product 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 480 Consumer Credit
of Veterans Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) 490 Cable/Sat TV
160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Management 863 DIWC/DIWW (405(g)) 850 Securities/Commodities/
190 Other Contract Product Liability 380 Other Personal Relations 864 SSID Title XVI Exchange
195 Contract Product Liability 360 Other Personal Property Damage 740 Railway Labor Act 865 RSI (405(g)) 890 Other Statutory Actions
196 Franchise Injury 385 Property Damage 751 Family and Medical 891 Agricultural Acts
362 Personal Injury - Product Liability Leave Act 893 Environmental Matters
Medical Malpractice 790 Other Labor Litigation 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 791 Employee Retirement FEDERAL TAX SUITS Act
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: Income Security Act 870 Taxes (U.S. Plaintiff 896 Arbitration
220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) 899 Administrative Procedure
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRSThird Party Act/Review or Appeal of
240 Torts to Land 443 Housing/ Sentence 26 USC 7609 Agency Decision
245 Tort Product Liability Accommodations 530 General 950 Constitutionality of
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION State Statutes
Employment Other: 462 Naturalization Application
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration
Other 550 Civil Rights Actions
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an X in One Box Only)
1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
42 usc 1981
VI. CAUSE OF ACTION Brief description of cause:
discrimination based on race and color
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. 15,000,000.00 JURY DEMAND: Yes No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
07/28/2017 /S/ Frederick K. Brewington
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

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Case 2:17-cv-04471-DRH-AKT Document 1-1 Filed 07/28/17 Page 2 of 2 PageID #: 18
CERTIFICATION OF ARBITRATION ELIGIBILITY
Local Arbitration Rule 83.10 provides that with certain exceptions, actions seeking money damages only in an amount not in excess of $150,000,
exclusive of interest and costs, are eligible for compulsory arbitration. The amount of damages is presumed to be below the threshold amount unless a
certification to the contrary is filed.

I, ______________________,
Frederick K. Brewington counsel for __________________,
Plaintiff do hereby certify that the above captioned civil action is
ineligible for compulsory arbitration for the following reason(s):

monetary damages sought are in excess of $150,000, exclusive of interest and costs,

the complaint seeks injunctive relief,

the matter is otherwise ineligible for the following reason

DISCLOSURE STATEMENT - FEDERAL RULES CIVIL PROCEDURE 7.1

Identify any parent corporation and any publicly held corporation that owns 10% or more or its stocks:

RELATED CASE STATEMENT (Section VIII on the Front of this Form)

Please list all cases that are arguably related pursuant to Division of Business Rule 50.3.1 in Section VIII on the front of this form. Rule 50.3.1 (a)
provides that A civil case is related to another civil case for purposes of this guideline when, because of the similarity of facts and legal issues or
because the cases arise from the same transactions or events, a substantial saving of judicial resources is likely to result from assigning both cases to the
same judge and magistrate judge. Rule 50.3.1 (b) provides that A civil case shall not be deemed related to another civil case merely because the civil
case: (A) involves identical legal issues, or (B) involves the same parties. Rule 50.3.1 (c) further provides that Presumptively, and subject to the power
of a judge to determine otherwise pursuant to paragraph (d), civil cases shall not be deemed to be related unless both cases are still pending before the
court.

NY-E DIVISION OF BUSINESS RULE 50.1(d)(2)

1.) Is the civil action being filed in the Eastern District removed from a New York State Court located in Nassau or Suffolk
County:_________________________
No

2.) If you answered no above:


a) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in Nassau or Suffolk
County?_________________________
Yes

b) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in the Eastern
District?_________________________
Yes

If your answer to question 2 (b) is No, does the defendant (or a majority of the defendants, if there is more than one) reside in Nassau or
Suffolk County, or, in an interpleader action, does the claimant (or a majority of the claimants, if there is more than one) reside in Nassau
or Suffolk County?______________________
(Note: A corporation shall be considered a resident of the County in which it has the most significant contacts).

BAR ADMISSION

I am currently admitted in the Eastern District of New York and currently a member in good standing of the bar of this court.
Yes No

Are you currently the subject of any disciplinary action (s) in this or any other state or federal court?
Yes (If yes, please explain) No

I certify the accuracy of all information provided above.


/S/ Frederick K. Brewington
Signature:____________________________________________
Case 2:17-cv-04471-DRH-AKT Document 1-2 Filed 07/28/17 Page 1 of 2 PageID #: 19

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for the
Eastern District
__________ of of
District New York
__________

MARC JEAN )
)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
GARDEN CITY JEEP CHRYSLER DODGE and )
MICHAEL VOLONAKIS (in his professional and )
individual capacities), )
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendants name and address) Garden City Jeep Chrysler Dodge, 283 Franklin Ave., Hempstead, N.Y. 11550
Michael Volonakis, Garden City Jeep Chrysler Dodge, 283 Franklin Ave., Hempstead,
N.Y. 11550

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are:
LAW OFFICES OF
FREDERICK K. BREWINGTON
556 Peninsula Boulevard
Hempstead, New York 11550

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

DOUGLAS C. PALMER
CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
Case 2:17-cv-04471-DRH-AKT Document 1-2 Filed 07/28/17 Page 2 of 2 PageID #: 20

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)


was received by me on (date) .

I personally served the summons on the individual at (place)


on (date) ; or

I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individuals last known address; or

I served the summons on (name of individual) , who is


designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

I returned the summons unexecuted because ; or

Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ 0.00 .

I declare under penalty of perjury that this information is true.

Date:
Servers signature

Printed name and title

Servers address

Additional information regarding attempted service, etc:

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